Section 248 criminalises “carnal intercourse against the order of nature”, with a maximum penalty of ten years imprisonment and a possible fine. Intercourse between men and between women are both criminalised under this provision.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Criminalises the gender identity/expression of trans people
1. Penal Code 2008, Section 248 Unnatural Offences
“(1) Whoever, has carnal intercourse against the order of nature with any person and whoever allows any person to have such intercourse with him or her commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not
exceeding ten years and may also be liable to a fine…
Explanation— Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” Full text.
2. Penal Code 2008, Section 379 Vagabond
(e) any male person who dresses or is attired in the fashion of a woman in a public place.
3. Penal Code 2008, Section 249 Acts of Gross Indecency
“Whoever, commits an act of gross indecency upon the person of another without his or her consent or by the use of force or threats or compels a person to join with him or her in the commission of such act, commits the offence of gross indecency, and upon conviction, shall be sentenced to imprisonment for a term not exceeding fourteen years or with a fine or with both.”